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VII.1. First Reading of Ordinances Deleting and Replacing Sections 701 and 702 of the Hopkins City Code; BishopSeptember 18, 2018 Council Report 2018-105 FIRST READING OF ORDINANCES DELETING AND REPLACING SECTIONS 701 AND 702 OF THE HOPKINS CITY CODE Proposed Action. Staff recommends that the Council approve the following motion: Move to approve ordinances 2018-1035 and 2018-1036 for first reading. Approval of this motion will begin the process of deleting and replacing sections 701 and 702 of the Hopkins City Code to increase franchise fee rates and extend the termination dates on utility franchise fees until December 31st, 2023 Overview: The City receives approximately $310,000 in franchise fees per year that support the operations of the general fund and approximately $300,000 to be used in the park dedication fund. The City of Hopkins has relied on franchise fees since 2004. Most recently, the City adopted two franchise fee ordinances beginning on 1/1/2014 with 5 year terms. Under those ordinances, residential customers pay $2.20 monthly for electric service to Xcel Energy and $2.20 monthly for natural gas to Centerpoint Energy. Commercial and industrial customers pay higher rates based on type and size of meter. A chart showing the detailed analysis of rates paid by type and number of customers is attached. The proposed rates beginning in 2019 increase by $1.30 monthly each for gas and electric for residential customers, or $2.60 combined per month. The total paid by a residential household would be $7.00 per month or $84 per year. The proposal continues to reduce the tax levy in the general fund and provide for par improvements at the same level. The additional revenue to be generated is estimated at $360,000 annually and is proposed for use in the capital improvement fund. The capital improvement fund accounts for projects at any of Hopkin’s buildings without a separate fund. It includes City Hall, Fire Hall, Police Public Works Building and the Activity Center. It excludes the Pavilion, Arts Center and Depot Coffee House. The plan is designed as a way to fund the debt service payments for City Hall renovations. Supporting Information: • Ordinance 2018-1035 • Ordinance 2018-1036 • Rate Increase Schedule • Power Point Presentation ________________________________________ Nick Bishop Finance Director 528024v1 DTA HP145-42 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE 2018-1135 ORDINANCE AMENDING SECTION 701 OF THE HOPKINS CITY CODE PERTAINING TO ELECTRIC UTILITY FRANCHISE FEES THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. That Section 701 of the Hopkins City Code be deleted in its entirety and replaced with the following: Section 701 - Electric Utility Franchise Fee 701.01. Definitions. For purposes of this Ordinance, the following capitalized terms shall have the following meanings: Subd. 1. City. The City of Hopkins, County of Hennepin, State of Minnesota. Subd. 2. Company. Xcel Energy, a Minnesota Corporation (formerly Northern States Power), its successors and assigns. 701.03. Purpose. The Hopkins City Council has determined that franchise fees should be imposed on gas and electric utilities in return for their use of City-owned rights-of-way. The purpose of this ordinance is to establish such franchise fees to be paid to the City by the Company. 701.05. City Authority. Minnesota Statutes 216B.36 grants cities the authority to impose a franchise fee on gas and electric utility services. Such fees are in return for basic right to operate within municipally- owned rights-of-way and other public property as provided in utility franchise agreements/ordinances between a city and the respective utilities operating within the municipal boundaries. In addition, City of Hopkins Franchise Ordinance 87-578 authorizes the City to impose, by separate ordinance, a franchise fee on the Company. 701.07. Franchise Fee Imposed. A franchise fee is hereby imposed on the Company, Xcel Energy, pursuant to City of Hopkins Franchise Ordinance 87-578 and Minnesota Statutes 216B.36 and subject to the fee schedule below. A franchise Fee is to be collected by the Company from each customer in the designated customer classification for service at each and every customer premise, as indicated by the following schedule: Fee Schedule Customer Classification Monthly Fee Per Customer Premise Residential $3.50 Small C & I— non demand $6.15 Small C & I—demand $24.70 Large C & I $170.50 This fee is an account-based fee on each premise and not a meter-based fee. In the event that a customer of the company covered by this ordinance has more than one meter at a single premise, but only one account, 2 only one fee shall be assessed to that account. If a premise has two or more meters for a single customer billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any customer of the Company covered by this ordinance has more than one premise, each premise (address) shall be subject to the applicable fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. 701.09. Date Franchise Fee Takes Effect. The above utility franchise fees shall go into effect in and be applicable to all of the Company’s billings commencing with bills for the month of January 2019. 701.11. Limitation. Franchise Ordinance 87-578 limits the total amount of franchise fee which may be collected to 5% of the Company’s gross revenues within the City limits. So long as this limitation remains in effect, in no event shall the total of the fees collected pursuant to Section 701.07 be greater than 5% of the Company’s gross revenues within the City of Hopkins as defined in the Franchise Ordinance. 701.13. Payment of Fee. Franchise fees shall be paid to the City quarterly, based on a calendar year, with payment due by the 30th day after the end of each quarter. 701.15. Dispute. Any disputes or other issues which arise will be subject to the terms of this Ordinance, Franchise Ordinance 87-578, Minnesota Statutes 216B.36 as well as any other agreements entered into by the City and the Company. 701.17. Termination of Ordinance. This ordinance and the franchise fee imposed by it shall remain in effect until December 31, 2023, at which time they shall terminate and be of no further effect, except that the Company shall remain obligated after that date to pay the City all franchise fees due with respect to any period of time prior to December 31, 2023, and collected after that date. Section 2. The effective date of this ordinance shall be January 1, 2019. First Reading: September 18, 2018 Second Reading: October 2, 2018 Date of Publication: October 11, 2018 Date Ordinance Takes Effect: January 1, 2019 By: ____________________________ Molly Cummings, Mayor ATTEST: ___________________________ Amy Domeier, City Clerk 528029v1 DTA HP145-42 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE 2018-1136 ORDINANCE AMENDING SECTION 702 OF THE HOPKINS CITY CODE PERTAINING TO NATURAL GAS UTILITY FRANCHISE FEES THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. That Section 702 of the Hopkins City Code be deleted in its entirety and replaced with the following: Section 702 - Gas Utility Franchise Fee 702.01. Definitions. For purposes of this Ordinance, the following capitalized terms shall have the following meanings: Subd. 1. City. The City of Hopkins, County of Hennepin, State of Minnesota. Subd. 2. Company. CenterPoint Energy Minnesota Gas, a division of CenterPoint Energy Resources Corporation, a Delaware corporation, its successors and assigns. 702.03. Purpose. The Hopkins City Council has determined that franchise fees should be imposed on gas and electric utilities in return for their use of City-owned rights-of-way. The purpose of this ordinance is to establish such franchise fees to be paid to the City by the Company. 702.05. City Authority. Minnesota Statutes 216B.36 grants cities the authority to impose a franchise fee on gas and electric utility services. Such fees are in return for basic right to operate within municipally- owned rights-of-way and other public property as provided in utility franchise agreements/ordinances between a city and the respective utilities operating within the municipal boundaries. In addition, City of Hopkins Franchise Ordinance 2002-879 authorizes the City to impose, by separate ordinance, a franchise fee on the Company. 702.07. Franchise Fee Imposed. A franchise fee is hereby imposed on the Company, CenterPoint Energy Minnesota Gas, pursuant to City of Hopkins Franchise Ordinance 2002-879 and Minnesota Statutes 216B.36 and subject to the fee schedule below. A franchise Fee is to be collected by the Company from each customer in the designated customer classification for service at each and every customer premise, as indicated by the following schedule: Fee Schedule Customer Classification Monthly Fee Per Customer Premise Residential $3.50 Commercial A $3.50 Commercial/Industrial B $8.75 Commercial/Industrial C $24.70 Small Dual Fuel A $48.55 Small Dual Fuel B $170.50 Large Volume Dual Fuel $170.50 2 This fee is an account-based fee on each premise and not a meter-based fee. In the event that a customer of the company covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters for a single customer billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any customer of the Company covered by this ordinance has more than one premise, each premise (address) shall be subject to the applicable fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. 702.09. Date Franchise Fee Takes Effect. The above utility franchise fees shall go into effect in and be applicable to all of the Company’s billings commencing with bills for the month of January 2019. 702.11. Payment of Fee. Franchise fees shall be paid to the City quarterly, based on a calendar year, with payment due by the 30th day after the end of each quarter. 702.13. Dispute. Any disputes or other issues which arise will be subject to the terms of this Ordinance, Franchise Ordinance 2002-879, Minnesota Statutes 216B.36 as well as any other agreements entered into by the City and the Company. 702.15. Termination of Ordinance. This ordinance and the franchise fee imposed by it shall remain in effect until December 31, 2023, at which time they shall terminate and be of no further effect, except that the Company shall remain obligated after that date to pay the City all franchise fees due with respect to any period of time prior to December 31, 2023, and collected after that date. Section 2. The effective date of this ordinance shall be January 1, 2019. First Reading: September 18, 2018 Second Reading: October 2, 2018 Date of Publication: October 11, 2018 Date Ordinance Takes Effect: January 1, 2019 By: ____________________________ Molly Cummings, Mayor ATTEST: ___________________________ Amy Domeier, City Clerk City of Hopkins 2019 Franchise Fee Renewal Proposal September 18, 2018 \\lisa\share\FINANCE\FMP\2018 FMP\Franchise Fees\Franchise Fee Increase - 2019 Proposal.xlsx 2019 2019 No of Increase 2004 2012 2014 Proposed Proposed Customers Amount to Amount to Capital Total %Annual Annual Xcel Energy Rate Rate Rate Increase Rate Dec 2017 Gen. Fund Parks Fund Imprvmt.Collections Incr Increase Amount Residential 1.00 1.70 2.20 1.30 3.50 8,467 101,599 121,919 132,079 355,598.18 59.09%15.60 42.00 Small C & I Non Demand 2.00 3.35 3.85 2.30 6.15 694 16,651 15,402 19,148 51,200.72 59.74%27.60 73.80 Small C & I Demand 9.00 15.00 15.50 9.20 24.70 340 36,689 26,498 37,505 100,692.02 59.35%110.40 296.40 Large C & I 63.00 105.00 105.50 65.00 170.50 70 52,920 35,700 54,600 143,220.00 61.61%780.00 2,046.00 9,570 207,860 199,519 243,332 650,711 2019 2019 No of Increase 2004 2012 2014 Proposed Proposed Customers Amount to Amount to Capital Total %Annual Annual Centerpoint Energy Rate Rate Rate Increase Rate Dec 2017 Gen. Fund Parks Fund Imprvmt.Collections Incr Increase Amount Residential/Commercial A 1.00 1.70 2.20 1.30 3.50 5,076 60,912 73,094 79,186 213,192.00 59.09%15.60 42.00 Commercial B 3.00 5.00 5.50 3.25 8.75 199 7,164 5,970 7,761 20,895.00 59.09%39.00 105.00 Commercial/Industrial C 9.00 15.00 15.50 9.20 24.70 201 21,708 15,678 22,190 59,576.40 59.35%110.40 296.40 Small Dual Fuel A 18.00 30.00 30.50 18.05 48.55 15 3,240 2,250 3,249 8,739.00 59.18%216.60 582.60 Small Dual Fuel B 63.00 105.00 105.50 65.00 170.50 7 5,292 3,570 5,460 14,322.00 61.61%780.00 2,046.00 Large Volume Dual Fuel 63.00 105.00 105.50 65.00 170.50 0 0 0 0 - 61.61%780.00 2,046.00 5,498 98,316 100,562 117,846 316,724 Total Total Residential 2.60 7.00 Total 306,176 300,082 361,178 967,435 Residential 31.20 84.00 Notes: 2004 - Franchise fees were implemented to help offset the loss of $1.8 million in local government aid. 2012 - Franchise fees were increased to fund street improvements. 2014 - Franchise fees were increased to fund park improvements. 2015 - FMP Adopted, 2012 & 2014 increase both used to fund park improvements. First Reading of Ordinances to Amend Gas and Electric Franchise Fees September 18, 2018 What are franchise fees? Fees imposed on utility companies for use of public right-of-ways Established through ordinance Fees are collected from users and remitted back to the City Typically identified as “City Fee” on utility bill Are they a tax? Technically not a tax, but are similar Key differences from Property Taxes Paid by schools, governments, churches & non- profits and users within TIF districts Not tied to property value What can they be used for? Any public purpose Typical uses are: Street maintenance and construction Trails for pedestrians and cyclists Street Lights General Fund/Reduce Tax Levy Franchise Fees in Hopkins Franchise Fees since 2004 Most recently adopted two ordinances for a period from 1/1/2014 through 12/31/2018 $610,000 collected annually $310,000 to support general fund $300,000 to support parks $2.20 each for gas and electric (residential) Total of $4.40 per month and $52.80 per year 2019 –2023 Proposed Increase 2019 2019 Xcel Energy Proposed Proposed % (Monthly)Increase Rate Incr Residential 1.30 3.50 59.09% Small C & I Non Demand 2.30 6.15 59.74% Small C & I Demand 9.20 24.70 59.35% Large C & I 65.00 170.50 61.61% 2019 –2023 Proposed Increase 2019 2019 Centerpoint Energy Proposed Proposed % (Monthly)Increase Rate Incr Residential/Commercial A 1.30 3.50 59.09% Commercial B 3.25 8.75 59.09% Commercial/Industrial C 9.20 24.70 59.35% Small Dual Fuel A 18.05 48.55 59.18% Small Dual Fuel B 65.00 170.50 61.61% Large Volume Dual Fuel 65.00 170.50 61.61% 2019 –2023 Proposed Increase For residential users: Increase of $2.60/month or $31.20/year Total of $7.00/month or $84.00/year No change to General Fund or Park Improvements Increase projected to generate $360,000 annually 2019 –2023 Proposed Increase Capital Improvement Fund City Hall, Fire Station, Police Station, Public Works Building and Activity Center Current Capital Improvement Plan includes $1.1 million in projects at these locations planned to be funded with tax levy Planned use is City Hall Renovations 2019 –2023 Proposed Increase Different users pay different amount when levying taxes or collecting franchise fees City Hall Renovations Tax Levy for $236,500 Home = $39.30 OR Franchise Fees = $31.20 Future Action October 2nd –Second Reading January 1st, 2019 –Updated ordinances go into effect